PUBLIC LAW 106–264—AUG. 19, 2000

GLOBAL AIDS AND TUBERCULOSIS RELIEF

ACT OF 2000

114 STAT. 748 PUBLIC LAW 106–264—AUG. 19, 2000

Public Law 106–264

106th Congress

An Act

To provide for negotiations for the creation of a trust fund to be administered

by the International Bank for Reconstruction and Development or the International

Development Association to combat the AIDS epidemic.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Global AIDS and Tuberculosis

Relief Act of 2000’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING

HIV/AIDS

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Findings and purposes.

Subtitle A—United States Assistance

Sec. 111. Additional assistance authorities to combat HIV and AIDS.

Sec. 112. Voluntary contribution to Global Alliance for Vaccines and Immunizations

and International AIDS Vaccine Initiative.

Sec. 113. Coordinated donor strategy for support and education of orphans in subSaharan Africa.

Sec. 114. African Crisis Response Initiative and HIV/AIDS training.

Subtitle B—World Bank AIDS Trust Fund

CHAPTER 1—ESTABLISHMENT OF THE FUND

Sec. 121. Establishment.

Sec. 122. Grant authorities.

Sec. 123. Administration.

Sec. 124. Advisory Board.

CHAPTER 2—REPORTS

Sec. 131. Reports to Congress.

CHAPTER 3—UNITED STATES FINANCIAL PARTICIPATION

Sec. 141. Authorization of appropriations.

Sec. 142. Certification requirement.

TITLE II—INTERNATIONAL TUBERCULOSIS CONTROL

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Assistance for tuberculosis prevention, treatment, control, and elimination.

22 USC 6801

note.

Global AIDS and

Tuberculosis

Relief Act of

2000.

Health and

health care.

Diseases.

Aug. 19, 2000

[H.R. 3519]

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 749

TITLE III—ADMINISTRATIVE AUTHORITIES

Sec. 301. Effective program oversight.

Sec. 302. Termination expenses.

TITLE I—ASSISTANCE TO COUNTRIES

WITH LARGE POPULATIONS HAVING

HIV/AIDS

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Global AIDS Research and

Relief Act of 2000’’.

SEC. 102. DEFINITIONS.

In this title:

(1) AIDS.—The term ‘‘AIDS’’ means the acquired immune

deficiency syndrome.

(2) ASSOCIATION.—The term ‘‘Association’’ means the International Development Association.

(3) BANK.—The term ‘‘Bank’’ or ‘‘World Bank’’ means the

International Bank for Reconstruction and Development.

(4) HIV.—The term ‘‘HIV’’ means the human immunodeficiency virus, the pathogen which causes AIDS.

(5) HIV/AIDS.—The term ‘‘HIV/AIDS’’ means, with respect

to an individual, an individual who is infected with HIV or

living with AIDS.

SEC. 103. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress makes the following findings:

(1) According to the Surgeon General of the United States,

the epidemic of human immunodeficiency virus/acquired

immune deficiency syndrome (HIV/AIDS) will soon become the

worst epidemic of infectious disease in recorded history,

eclipsing both the bubonic plague of the 1300’s and the

influenza epidemic of 1918–1919 which killed more than

20,000,000 people worldwide.

(2) According to the Joint United Nations Programme on

HIV/AIDS (UNAIDS), more than 34,300,000 people in the world

today are living with HIV/AIDS, of which approximately 95

percent live in the developing world.

(3) UNAIDS data shows that among children age 14 and

under worldwide, more than 3,800,000 have died from AIDS,

more than 1,300,000 are living with the disease; and in 1

year alone—1999—an estimated 620,000 became infected, of

which over 90 percent were babies born to HIV-positive women.

(4) Although sub-Saharan Africa has only 10 percent of

the world’s population, it is home to more than 24,500,000—

roughly 70 percent—of the world’s HIV/AIDS cases.

(5) Worldwide, there have already been an estimated

18,800,000 deaths because of HIV/AIDS, of which more than

80 percent occurred in sub-Saharan Africa.

(6) The gap between rich and poor countries in terms

of transmission of HIV from mother to child has been

increasing. Moreover, AIDS threatens to reverse years of steady

progress of child survival in developing countries. UNAIDS

believes that by the year 2010, AIDS may have increased

22 USC 6802.

22 USC 6801

note.

22 USC 6801

note.

Global AIDS

Research and

Relief Act of

2000.

114 STAT. 750 PUBLIC LAW 106–264—AUG. 19, 2000

mortality of children under 5 years of age by more than 100

percent in regions most affected by the virus.

(7) According to UNAIDS, by the end of 1999, 13,200,000

children have lost at least one parent to AIDS, including

12,100,000 children in sub-Saharan Africa, and are thus considered AIDS orphans.

(8) At current infection and growth rates for HIV/AIDS,

the National Intelligence Council estimates that the number

of AIDS orphans worldwide will increase dramatically, potentially increasing threefold or more in the next 10 years, contributing to economic decay, social fragmentation, and political

destabilization in already volatile and strained societies. Children without care or hope are often drawn into prostitution,

crime, substance abuse, or child soldiery.

(9) Donors must focus on adequate preparations for the

explosion in the number of orphans and the burden they will

place on families, communities, economies, and governments.

Support structures and incentives for families, communities,

and institutions which will provide care for children orphaned

by HIV/AIDS, or for the children who are themselves afflicted

by HIV/AIDS, will be essential.

(10) The 1999 annual report by the United Nations Children’s Fund (UNICEF) states ‘‘[t]he number of orphans, particularly in Africa, constitutes nothing less than an emergency,

requiring an emergency response’’ and that ‘‘finding the

resources needed to help stabilize the crisis and protect children

is a priority that requires urgent action from the international

community.’’.

(11) The discovery of a relatively simple and inexpensive

means of interrupting the transmission of HIV from an infected

mother to the unborn child—namely with nevirapine (NVP),

which costs US$4 a tablet—has created a great opportunity

for an unprecedented partnership between the United States

Government and the governments of Asian, African and Latin

American countries to reduce mother-to-child transmission (also

known as ‘‘vertical transmission’’) of HIV.

(12) According to UNAIDS, if implemented this strategy

will decrease the proportion of orphans that are HIV-infected

and decrease infant and child mortality rates in these developing regions.

(13) A mother-to-child antiretroviral drug strategy can be

a force for social change, providing the opportunity and impetus

needed to address often long-standing problems of inadequate

services and the profound stigma associated with HIV-infection

and the AIDS disease. Strengthening the health infrastructure

to improve mother-and-child health, antenatal, delivery and

postnatal services, and couples counseling generates enormous

spillover effects toward combating the AIDS epidemic in developing regions.

(14) United States Census Bureau statistics show life

expectancy in sub-Saharan Africa falling to around 30 years

of age within a decade, the lowest in a century, and project

life expectancy in 2010 to be 29 years of age in Botswana,

30 years of age in Swaziland, 33 years of age in Namibia

and Zimbabwe, and 36 years of age in South Africa, Malawi,

and Rwanda, in contrast to a life expectancy of 70 years of

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 751

age in many of the countries without a high prevalence of

AIDS.

(15) A January 2000 United States National Intelligence

Estimate (NIE) report on the global infectious disease threat

concluded that the economic costs of infectious diseases—especially HIV/AIDS—are already significant and could reduce GDP

by as much as 20 percent or more by 2010 in some subSaharan African nations.

(16) According to the same NIE report, HIV prevalence

among militias in Angola and the Democratic Republic of the

Congo are estimated at 40 to 60 percent, and at 15 to 30

percent in Tanzania.

(17) The HIV/AIDS epidemic is of increasing concern in

other regions of the world, with UNAIDS estimating that there

are more than 5,600,000 cases in South and South-east Asia,

that the rate of HIV infection in the Caribbean is second

only to sub-Saharan Africa, and that HIV infections have doubled in just 2 years in the former Soviet Union.

(18) Despite the discouraging statistics on the spread of

HIV/AIDS, some developing nations—such as Uganda, Senegal,

and Thailand—have implemented prevention programs that

have substantially curbed the rate of HIV infection.

(19) AIDS, like all diseases, knows no national boundaries,

and there is no certitude that the scale of the problem in

one continent can be contained within that region.

(20) Accordingly, United States financial support for medical research, education, and disease containment as a global

strategy has beneficial ramifications for millions of Americans

and their families who are affected by this disease, and the

entire population which is potentially susceptible.

(b) PURPOSES.—The purposes of this title are to—

(1) help prevent human suffering through the prevention,

diagnosis, and treatment of HIV/AIDS; and

(2) help ensure the viability of economic development, stability, and national security in the developing world by

advancing research to—

(A) understand the causes associated with HIV/AIDS

in developing countries; and

(B) assist in the development of an AIDS vaccine.

Subtitle A—United States Assistance

SEC. 111. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND

AIDS.

(a) ASSISTANCE FOR PREVENTION OF HIV/AIDS AND VERTICAL

TRANSMISSION.—Section 104(c) of the Foreign Assistance Act of

1961 (22 U.S.C. 2151b(c)) is amended by adding at the end the

following new paragraphs:

‘‘(4)(A) Congress recognizes the growing international dilemma

of children with the human immunodeficiency virus (HIV) and

the merits of intervention programs aimed at this problem. Congress

further recognizes that mother-to-child transmission prevention

strategies can serve as a major force for change in developing

regions, and it is, therefore, a major objective of the foreign assistance program to control the acquired immune deficiency syndrome

(AIDS) epidemic.

Children and

youth.

114 STAT. 752 PUBLIC LAW 106–264—AUG. 19, 2000

‘‘(B) The agency primarily responsible for administering this

part shall—

‘‘(i) coordinate with UNAIDS, UNICEF, WHO, national

and local governments, and other organizations to develop and

implement effective strategies to prevent vertical transmission

of HIV; and

‘‘(ii) coordinate with those organizations to increase intervention programs and introduce voluntary counseling and

testing, antiretroviral drugs, replacement feeding, and other

strategies.

‘‘(5)(A) Congress expects the agency primarily responsible for

administering this part to make the human immunodeficiency virus

(HIV) and the acquired immune deficiency syndrome (AIDS) a

priority in the foreign assistance program and to undertake a comprehensive, coordinated effort to combat HIV and AIDS.

‘‘(B) Assistance described in subparagraph (A) shall include

help providing—

‘‘(i) primary prevention and education;

‘‘(ii) voluntary testing and counseling;

‘‘(iii) medications to prevent the transmission of HIV from

mother to child; and

‘‘(iv) care for those living with HIV or AIDS.

‘‘(6)(A) In addition to amounts otherwise available for such

purpose, there is authorized to be appropriated to the President

$300,000,000 for each of the fiscal years 2001 and 2002 to carry

out paragraphs (4) and (5).

‘‘(B) Of the funds authorized to be appropriated under subparagraph (A), not less than 65 percent is authorized to be available

through United States and foreign nongovernmental organizations,

including private and voluntary organizations, for-profit organizations, religious affiliated organizations, educational institutions, and

research facilities.

‘‘(C)(i) Of the funds authorized to be appropriated by subparagraph (A), not less than 20 percent is authorized to be available

for programs as part of a multidonor strategy to address the support

and education of orphans in sub-Saharan Africa, including AIDS

orphans.

‘‘(ii) Assistance made available under this subsection, and

assistance made available under chapter 4 of part II to carry

out the purposes of this subsection, may be made available notwithstanding any other provision of law that restricts assistance to

foreign countries.

‘‘(D) Of the funds authorized to be appropriated under subparagraph (A), not less than 8.3 percent is authorized to be available

to carry out the prevention strategies for vertical transmission

referred to in paragraph (4)(A).

‘‘(E) Of the funds authorized to be appropriated by subparagraph (A), not more than 7 percent may be used for the administrative expenses of the agency primarily responsible for carrying out

this part of this Act in support of activities described in paragraphs

(4) and (5).

‘‘(F) Funds appropriated under this paragraph are authorized

to remain available until expended.’’.

(b) TRAINING AND TRAINING FACILITIES IN SUB-SAHARAN

AFRICA.—Section 496(i)(2) of the Foreign Assistance Act of 1961

(22 U.S.C. 2293(i)(2)) is amended by adding at the end the following

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 753

new sentence: ‘‘In addition, providing training and training facilities, in sub-Saharan Africa, for doctors and other health care providers, notwithstanding any provision of law that restricts assistance to foreign countries.’’.

SEC. 112. VOLUNTARY CONTRIBUTION TO GLOBAL ALLIANCE FOR VACCINES AND IMMUNIZATIONS AND INTERNATIONAL AIDS

VACCINE INITIATIVE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 302 of the

Foreign Assistance Act of 1961 (22 U.S.C. 2222) is amended by

adding at the end the following new subsections:

‘‘(k) In addition to amounts otherwise available under this

section, there is authorized to be appropriated to the President

$50,000,000 for each of the fiscal years 2001 and 2002 to be available only for United States contributions to the Global Alliance

for Vaccines and Immunizations.

‘‘(l) In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President

$10,000,000 for each of the fiscal years 2001 and 2002 to be available only for United States contributions to the International AIDS

Vaccine Initiative.’’.

(b) REPORT.—At the close of fiscal year 2001, the President

shall submit a report to the appropriate congressional committees

on the effectiveness of the Global Alliance for Vaccines and

Immunizations and the International AIDS Vaccine Initiative

during that fiscal year in meeting the goals of—

(1) improving access to sustainable immunization services;

(2) expanding the use of all existing, safe, and cost-effective

vaccines where they address a public health problem;

(3) accelerating the development and introduction of new

vaccines and technologies;

(4) accelerating research and development efforts for vaccines needed primarily in developing countries; and

(5) making immunization coverage a centerpiece in international development efforts.

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In

subsection (b), the term ‘‘appropriate congressional committees’’

means the Committee on Foreign Relations and the Committee

on Appropriations of the Senate and the Committee on International

Relations and the Committee on Appropriations of the House of

Representatives.

SEC. 113. COORDINATED DONOR STRATEGY FOR SUPPORT AND EDUCATION OF ORPHANS IN SUB-SAHARAN AFRICA.

(a) STATEMENT OF POLICY.—It is in the national interest of

the United States to assist in mitigating the burden that will

be placed on sub-Saharan African social, economic, and political

institutions as these institutions struggle with the consequences

of a dramatically increasing AIDS orphan population, many of

whom are themselves infected by HIV and living with AIDS. Effectively addressing that burden and its consequences in sub-Saharan

Africa will require a coordinated multidonor strategy.

(b) DEVELOPMENT OF STRATEGY.—The President shall coordinate the development of a multidonor strategy to provide for the

support and education of AIDS orphans and the families, communities, and institutions most affected by the HIV/AIDS epidemic

in sub-Saharan Africa.

President.

22 USC 6811.

Deadline.

President.

114 STAT. 754 PUBLIC LAW 106–264—AUG. 19, 2000

(c) DEFINITION.—In this section, the term ‘‘HIV/AIDS’’ means,

with respect to an individual, an individual who is infected with

the human immunodeficiency virus (HIV), the pathogen that causes

the acquired immune deficiency virus (AIDS), or living with AIDS.

SEC. 114. AFRICAN CRISIS RESPONSE INITIATIVE AND HIV/AIDS

TRAINING.

(a) FINDINGS.—Congress finds that—

(1) the spread of HIV/AIDS constitutes a threat to security

in Africa;

(2) civil unrest and war may contribute to the spread

of the disease to different parts of the continent;

(3) the percentage of soldiers in African militaries who

are infected with HIV/AIDS is unknown, but estimates range

in some countries as high as 40 percent; and

(4) it is in the interests of the United States to assist

the countries of Africa in combating the spread of HIV/AIDS.

(b) EDUCATION ON THE PREVENTION OF THE SPREAD OF AIDS.—

In undertaking education and training programs for military

establishments in African countries, the United States shall ensure

that classroom training under the African Crisis Response Initiative

includes military-based education on the prevention of the spread

of AIDS.

Subtitle B—World Bank AIDS Trust Fund

CHAPTER 1—ESTABLISHMENT OF THE FUND

SEC. 121. ESTABLISHMENT.

(a) NEGOTIATIONS FOR ESTABLISHMENT OF TRUST FUND.—The

Secretary of the Treasury shall seek to enter into negotiations

with the World Bank or the Association, in consultation with the

Administrator of the United States Agency for International

Development and other United States Government agencies, and

with the member nations of the World Bank or the Association

and with other interested parties, for the establishment within

the World Bank of—

(1) the World Bank AIDS Trust Fund (in this subtitle

referred to as the ‘‘Trust Fund’’) in accordance with the provisions of this chapter; and

(2) the Advisory Board to the Trust Fund in accordance

with section 124.

(b) PURPOSE.—The purpose of the Trust Fund should be to

use contributed funds to—

(1) assist in the prevention and eradication of HIV/AIDS

and the care and treatment of individuals infected with HIV/

AIDS; and

(2) provide support for the establishment of programs that

provide health care and primary and secondary education for

children orphaned by the HIV/AIDS epidemic.

(c) COMPOSITION.—

(1) IN GENERAL.—The Trust Fund should be governed by

a Board of Trustees, which should be composed of representatives of the participating donor countries to the Trust Fund.

Individuals appointed to the Board should have demonstrated

22 USC 6821.

22 USC 6812.

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 755

knowledge and experience in the fields of public health, epidemiology, health care (including delivery systems), and development.

(2) UNITED STATES REPRESENTATION.—

(A) IN GENERAL.—Upon the effective date of this paragraph, there shall be a United States member of the Board

of Trustees, who shall be appointed by the President, by

and with the advice and consent of the Senate, and who

shall have the qualifications described in paragraph (1).

(B) EFFECTIVE AND TERMINATION DATES.—

(i) EFFECTIVE DATE.—This paragraph shall take

effect upon the date the Secretary of the Treasury

certifies to Congress that an agreement establishing

the Trust Fund and providing for a United States

member of the Board of Trustees is in effect.

(ii) TERMINATION DATE.—The position established

by subparagraph (A) is abolished upon the date of

termination of the Trust Fund.

SEC. 122. GRANT AUTHORITIES.

(a) PROGRAM OBJECTIVES.—

(1) IN GENERAL.—In carrying out the purpose of section

121(b), the Trust Fund, acting through the Board of Trustees,

should provide only grants, including grants for technical assistance to support measures to build local capacity in national

and local government, civil society, and the private sector to

lead and implement effective and affordable HIV/AIDS prevention, education, treatment and care services, and research and

development activities, including access to affordable drugs.

(2) ACTIVITIES SUPPORTED.—Among the activities the Trust

Fund should provide grants for should be—

(A) programs to promote the best practices in prevention, including health education messages that emphasize

risk avoidance such as abstinence;

(B) measures to ensure a safe blood supply;

(C) voluntary HIV/AIDS testing and counseling;

(D) measures to stop mother-to-child transmission of

HIV/AIDS, including through diagnosis of pregnant women,

access to cost-effective treatment and counseling, and

access to infant formula or other alternatives for infant

feeding;

(E) programs to provide for the support and education

of AIDS orphans and the families, communities, and

institutions most affected by the HIV/AIDS epidemic;

(F) measures for the deterrence of gender-based

violence and the provision of post-exposure prophylaxis

to victims of rape and sexual assault; and

(G) incentives to promote affordable access to treatments against AIDS and related infections.

(3) IMPLEMENTATION OF PROGRAM OBJECTIVES.—In carrying

out the objectives of paragraph (1), the Trust Fund should

coordinate its activities with governments, civil society, nongovernmental organizations, the Joint United Nations Program

on HIV/AIDS (UNAIDS), the International Partnership Against

AIDS in Africa, other international organizations, the private

sector, and donor agencies working to combat the HIV/AIDS

crisis.

22 USC 6822.

Certification.

President.

Congress.

114 STAT. 756 PUBLIC LAW 106–264—AUG. 19, 2000

(b) PRIORITY.—In providing grants under this section, the Trust

Fund should give priority to countries that have the highest HIV/

AIDS prevalence rate or are at risk of having a high HIV/AIDS

prevalence rate.

(c) ELIGIBLE GRANT RECIPIENTS.—Governments and nongovernmental organizations should be eligible to receive grants under

this section.

(d) PROHIBITION.—The Trust Fund should not make grants

for the purpose of project development associated with bilateral

or multilateral bank loans.

SEC. 123. ADMINISTRATION.

(a) APPOINTMENT OF AN ADMINISTRATOR.—The Board of

Trustees, in consultation with the appropriate officials of the Bank,

should appoint an Administrator who should be responsible for

managing the day-to-day operations of the Trust Fund.

(b) AUTHORITY TO SOLICIT AND ACCEPT CONTRIBUTIONS.—The

Trust Fund should be authorized to solicit and accept contributions

from governments, the private sector, and nongovernmental entities

of all kinds.

(c) ACCOUNTABILITY OF FUNDS AND CRITERIA FOR PROGRAMS.— As part of the negotiations described in section 121(a), the Secretary

of the Treasury shall, consistent with subsection (d)—

(1) take such actions as are necessary to ensure that the

Bank or the Association will have in effect adequate procedures

and standards to account for and monitor the use of funds

contributed to the Trust Fund, including the cost of administering the Trust Fund; and

(2) seek agreement on the criteria that should be used

to determine the programs and activities that should be assisted

by the Trust Fund.

(d) SELECTION OF PROJECTS AND RECIPIENTS.—The Board of

Trustees should establish—

(1) criteria for the selection of projects to receive support

from the Trust Fund;

(2) standards and criteria regarding qualifications of recipients of such support;

(3) such rules and procedures as may be necessary for

cost-effective management of the Trust Fund; and

(4) such rules and procedures as may be necessary to

ensure transparency and accountability in the grant-making

process.

(e) TRANSPARENCY OF OPERATIONS.—The Board of Trustees

should ensure full and prompt public disclosure of the proposed

objectives, financial organization, and operations of the Trust Fund.

SEC. 124. ADVISORY BOARD.

(a) IN GENERAL.—There should be an Advisory Board to the

Trust Fund.

(b) APPOINTMENTS.—The members of the Advisory Board should

be drawn from—

(1) a broad range of individuals with experience and leadership in the fields of development, health care (especially HIV/

AIDS), epidemiology, medicine, biomedical research, and social

sciences; and

(2) representatives of relevant United Nations agencies

and nongovernmental organizations with on-the-ground experience in affected countries.

22 USC 6824.

22 USC 6823.

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 757

(c) RESPONSIBILITIES.—The Advisory Board should provide

advice and guidance to the Board of Trustees on the development

and implementation of programs and projects to be assisted by

the Trust Fund and on leveraging donations to the Trust Fund.

(d) PROHIBITION ON PAYMENT OF COMPENSATION.—

(1) IN GENERAL.—Except for travel expenses (including per

diem in lieu of subsistence), no member of the Advisory Board

should receive compensation for services performed as a

member of the Board.

(2) UNITED STATES REPRESENTATIVE.—Notwithstanding any

other provision of law (including an international agreement),

a representative of the United States on the Advisory Board

may not accept compensation for services performed as a

member of the Board, except that such representative may

accept travel expenses, including per diem in lieu of subsistence,

while away from the representative’s home or regular place

of business in the performance of services for the Board.

CHAPTER 2—REPORTS

SEC. 131. REPORTS TO CONGRESS.

(a) ANNUAL REPORTS BY TREASURY SECRETARY.—

(1) IN GENERAL.—Not later than 1 year after the date

of the enactment of this Act, and annually thereafter for the

duration of the Trust Fund, the Secretary of the Treasury

shall submit to the appropriate committees of Congress a report

on the Trust Fund.

(2) REPORT ELEMENTS.—The report shall include a description of—

(A) the goals of the Trust Fund;

(B) the programs, projects, and activities, including

any vaccination approaches, supported by the Trust Fund;

(C) private and governmental contributions to the

Trust Fund; and

(D) the criteria that have been established, acceptable

to the Secretary of the Treasury and the Administrator

of the United States Agency for International Development,

that would be used to determine the programs and activities that should be assisted by the Trust Fund.

(b) GAO REPORT ON TRUST FUND EFFECTIVENESS.—Not later

than 2 years after the date of the enactment of this Act, the

Comptroller General of the United States shall submit to the appropriate committees of the Congress a report evaluating the effectiveness of the Trust Fund, including—

(1) the effectiveness of the programs, projects, and activities

described in subsection (a)(2)(B) in reducing the worldwide

spread of AIDS; and

(2) an assessment of the merits of continued United States

financial contributions to the Trust Fund.

(c) APPROPRIATE COMMITTEES DEFINED.—In subsection (a), the

term ‘‘appropriate committees’’ means the Committee on Foreign

Relations and the Committee on Appropriations of the Senate and

the Committee on International Relations, the Committee on

Banking and Financial Services, and the Committee on Appropriations of the House of Representatives.

Deadline.

Deadline.

22 USC 6831.

114 STAT. 758 PUBLIC LAW 106–264—AUG. 19, 2000

CHAPTER 3—UNITED STATES FINANCIAL

PARTICIPATION

SEC. 141. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—In addition to any other funds authorized

to be appropriated for multilateral or bilateral programs related

to HIV/AIDS or economic development, there is authorized to be

appropriated to the Secretary of the Treasury $150,000,000 for

each of the fiscal years 2001 and 2002 for payment to the Trust

Fund.

(b) ALLOCATION OF FUNDS.—Of the amounts authorized to be

appropriated by subsection (a) for the fiscal years 2001 and 2002,

$50,000,000 are authorized to be available each such fiscal year

only for programs that benefit orphans.

SEC. 142. CERTIFICATION REQUIREMENT.

(a) IN GENERAL.—Prior to the initial obligation or expenditure

of funds appropriated pursuant to section 141, the Secretary of

the Treasury shall certify that adequate procedures and standards

have been established to ensure accountability for and monitoring

of the use of funds contributed to the Trust Fund, including the

cost of administering the Trust Fund.

(b) TRANSMITTAL OF CERTIFICATION.—The certification required

by subsection (a), and the bases for that certification, shall be

submitted by the Secretary of the Treasury to Congress.

TITLE II—INTERNATIONAL

TUBERCULOSIS CONTROL

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘International Tuberculosis Control Act of 2000’’.

SEC. 202. FINDINGS.

Congress makes the following findings:

(1) Since the development of antibiotics in the 1950s, tuberculosis has been largely controlled in the United States and

the Western World.

(2) Due to societal factors, including growing urban decay,

inadequate health care systems, persistent poverty, overcrowding, and malnutrition, as well as medical factors,

including the HIV/AIDS epidemic and the emergence of multidrug resistant strains of tuberculosis, tuberculosis has again

become a leading and growing cause of adult deaths in the

developing world.

(3) According to the World Health Organization—

(A) in 1998, about 1,860,000 people worldwide died

of tuberculosis-related illnesses;

(B) one-third of the world’s total population is infected

with tuberculosis; and

(C) tuberculosis is the world’s leading killer of women

between 15 and 44 years old and is a leading cause of

children becoming orphans.

(4) Because of the ease of transmission of tuberculosis,

its international persistence and growth pose a direct public

22 USC 2151b

note.

22 USC 2151

note.

International

Tuberculosis

Control Act of

2000.

22 USC 6842.

22 USC 6841.

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 759

health threat to those nations that had previously largely controlled the disease. This is complicated in the United States

by the growth of the homeless population, the rate of incarceration, international travel, immigration, and HIV/AIDS.

(5) With nearly 40 percent of the tuberculosis cases in

the United States attributable to foreign-born persons, tuberculosis will never be controlled in the United States until

it is controlled abroad.

(6) The means exist to control tuberculosis through

screening, diagnosis, treatment, patient compliance, monitoring,

and ongoing review of outcomes.

(7) Efforts to control tuberculosis are complicated by several

barriers, including—

(A) the labor intensive and lengthy process involved

in screening, detecting, and treating the disease;

(B) a lack of funding, trained personnel, and medicine

in virtually every nation with a high rate of the disease;

(C) the unique circumstances in each country, which

requires the development and implementation of countryspecific programs; and

(D) the risk of having a bad tuberculosis program,

which is worse than having no tuberculosis program

because it would significantly increase the risk of the

development of more widespread drug-resistant strains of

the disease.

(8) Eliminating the barriers to the international control

of tuberculosis through a well-structured, comprehensive, and

coordinated worldwide effort would be a significant step in

dealing with the increasing public health problem posed by

the disease.

SEC. 203. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT,

CONTROL, AND ELIMINATION.

Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.

2151b(c)), as amended by section 111(a) of this Act, is further

amended by adding at the end the following:

‘‘(7)(A) Congress recognizes the growing international problem

of tuberculosis and the impact its continued existence has on those

nations that had previously largely controlled the disease. Congress

further recognizes that the means exist to control and treat tuberculosis, and that it is therefore a major objective of the foreign

assistance program to control the disease. To this end, Congress

expects the agency primarily responsible for administering this

part—

‘‘(i) to coordinate with the World Health Organization, the

Centers for Disease Control, the National Institutes of Health,

and other organizations toward the development and

implementation of a comprehensive tuberculosis control program; and

‘‘(ii) to set as a goal the detection of at least 70 percent

of the cases of infectious tuberculosis, and the cure of at least

85 percent of the cases detected, in those countries in which

the agency has established development programs, by December

31, 2010.

‘‘(B) There is authorized to be appropriated to the President,

$60,000,000 for each of the fiscal years 2001 and 2002 to be used

114 STAT. 760 PUBLIC LAW 106–264—AUG. 19, 2000

to carry out this paragraph. Funds appropriated under this subparagraph are authorized to remain available until expended.’’.

TITLE III—ADMINISTRATIVE

AUTHORITIES

SEC. 301. EFFECTIVE PROGRAM OVERSIGHT.

Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C.

2395) is amended by adding at the end thereof the following new

subsection:

‘‘(l) The Administrator of the agency primarily responsible for

administering part I may use funds made available under that

part to provide program and management oversight for activities

that are funded under that part and that are conducted in countries

in which the agency does not have a field mission or office.’’.

SEC. 302. TERMINATION EXPENSES.

Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C.

2367) is amended to read as follows:

‘‘SEC. 617. TERMINATION EXPENSES.

‘‘(a) IN GENERAL.—Funds made available under this Act and

the Arms Export Control Act, may remain available for obligation

for a period not to exceed 8 months from the date of any termination

of assistance under such Acts for the necessary expenses of winding

up programs related to such termination and may remain available

until expended. Funds obligated under the authority of such Acts

prior to the effective date of the termination of assistance may

remain available for expenditure for the necessary expenses of

winding up programs related to such termination notwithstanding

any provision of law restricting the expenditure of funds. In order

to ensure the effectiveness of such assistance, such expenses for

orderly termination of programs may include the obligation and

expenditure of funds to complete the training or studies outside

their countries of origin of students whose course of study or

training program began before assistance was terminated.

‘‘(b) LIABILITY TO CONTRACTORS.—For the purpose of making

an equitable settlement of termination claims under extraordinary

contractual relief standards, the President is authorized to adopt

as a contract or other obligation of the United States Government,

and assume (in whole or in part) any liabilities arising thereunder,

any contract with a United States or third-country contractor that

had been funded with assistance under such Acts prior to the

termination of assistance.

‘‘(c) TERMINATION EXPENSES.—Amounts certified as having been

obligated for assistance subsequently terminated by the President,

or pursuant to any provision of law, shall continue to remain

available and may be reobligated to meet any necessary expenses

arising from the termination of such assistance.

‘‘(d) GUARANTY PROGRAMS.—Provisions of this or any other

Act requiring the termination of assistance under this or any other

Act shall not be construed to require the termination of guarantee

commitments that were entered into prior to the effective date

of the termination of assistance.

PUBLIC LAW 106–264—AUG. 19, 2000 114 STAT. 761

LEGISLATIVE HISTORY—H.R. 3519:

HOUSE REPORTS: No. 106–548 (Comm. on Banking and Financial Services).

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 15, considered and passed House.

July 26, considered and passed Senate, amended.

July 27, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Aug. 19, Presidential statement.

Æ

‘‘(e) RELATION TO OTHER PROVISIONS.—Unless specifically made

inapplicable by another provision of law, the provisions of this

section shall be applicable to the termination of assistance pursuant

to any provision of law.’’.

Approved August 19, 2000.